Broadcasting (Amendment) Act 2007

Applications for multiplex contracts.

8.— (1) In order to secure the orderly establishment, maintenance and operation of multiplexes and subject to subsection (2), the Commission shall as soon as may be after this section has come into force and may thereafter, from time to time having regard to the availability of radio frequencies for multiplexes, invite applications for multiplex contracts and, subject to the provisions of this Act, may enter into such contracts.

(2) Without prejudice to subsection(1), the Commission shall within six months after this section has come into force endeavour to invite applications for multiplex contracts in respect of the three national television multiplexes referred to in section 4 (4).

(3) Where the Commission invites applications for a multiplex contract it shall by public notice specify the coverage area (which area may consist of the whole or any part of the State) in which the programme material and related and other data shall be broadcast pursuant to such contract (in this section referred to as “the maximum coverage area”) and by such notice shall invite persons interested in establishing and maintaining a multiplex to apply for such contract.

(4) Every notice under subsection (3) shall—

(a) be published in at least one national newspaper,

(b) specify the procedure to be followed in order to make an application, and

(c) specify any other matters which appear to the Commission to be necessary or relevant.

(5) The Commission may, in a notice under subsection (3), specify the minimum coverage area in which the programme material and related and other data shall be broadcast under the contract, which coverage area may be less than that of the maximum coverage area specified in the notice.

(6) Notwithstanding subsection (3), where a minimum coverage area is specified in a notice under that subsection the coverage area in which the programme material and related and other data shall be broadcast pursuant to any contract entered into on foot of such notice shall be the minimum coverage area so specified, subject to the requirement that every effort is made by the person to whom the contract is awarded to ensure that the programme material and related and other data is broadcast in as much of the maximum coverage area as is practicable.